Dear Everyone;
After reading some follow up articles on the South Dakota abortion ban it was pointed out how the law exempts the woman who had the abortion from any criminal penalties. Then it went on to say every state who had an abortion ban never had criminal penalties against the woman who had the abortion.
Sounds like some duplicity here or the state legislators realized a parade of women who had abortions being put on trial and going to prison might not be a good idea publicity wise or politically re-election wise.
Let's consider the duplicity. If a polizei catches a drug dealer and a buyer together they both get nailed. If the polizei catches a car thief at a chop shop both get nailed. There are numerous laws regarding aiding and abetting - both before the act and after the act.
Ergo and therefore why not the woman who entered into a criminal conspirancy to have an abortion and then had the criminal act as well as the abortionist who entered into a conspiracy to commit the act and so did the criminal act? Instead of just the abortionist?
Because the law applies to a South Dakota woman - what happens if the woman crosses the state border to have an abortion? Doesn't this means she conspired to have an abortion while in SD even if she fled across the border to have the abortion?
Why doesn't the SD law have extradition of the abortionist to pay the price for conspiracy to commit abortion and the abortion with the woman who left the state? Remember the old saying about the long arm of the law? Go get that out of state abortionist!
Secondarily, and also just as ignored, what about the guy who got the woman pregnant? The SD law makes no differences for consensual sex, incest or rape. Isn't the guy just as responsible for causing the woman to become pregnant as the woman who become pregnant? He escapes entirely without any criminal penalties even though it takes two to tango.
All should pay. Because without each other the others wouldn't be entering into a "criminal" conspiracy or committing a crime.
Or the law itself is an abortion and should be repealed along with all other laws which try to impose social, moral, ethical, religious, sexual or racial codes of conduct and beliefs.
Ron Getty
SF LIbertarian